Real estate & settlement glossary
Tenancy
How title is held is decided at settlement, written into the deed, and easy to overlook in the volume of closing paperwork. It is also one of the few decisions in a transaction whose consequences arrive decades later, usually at the worst possible moment.
Tenants in common each hold a distinct share, which can be unequal, and each share passes under that owner's will or by intestacy when they die. There is no automatic transfer to the co-owner. This is the usual form for unrelated buyers, investment partners, or family members contributing different amounts.
Joint tenants with right of survivorship hold equal shares, and when one dies their interest passes automatically to the survivors outside of probate. The survivorship language has to be explicit in the deed — a deed that simply names two people without it may not create survivorship at all.
Tenancy by the entirety is available only to married couples and is the form with real teeth in this region. Neither spouse can convey their interest alone, survivorship is automatic, and a creditor of only one spouse generally cannot reach the property. For a married couple, this distinction is not paperwork — it is asset protection.
How this works across the DMV
The same term behaves differently on either side of the river. This is what changes by jurisdiction.
Virginia recognizes tenancy by the entirety for married couples, with the creditor protection that comes with it, and requires explicit survivorship language to create a joint tenancy with right of survivorship.
Maryland recognizes tenancy by the entirety and applies a presumption in favor of it for married couples taking title together, which means the protective form often applies unless the deed says otherwise.
The District recognizes tenancy by the entirety and extends it to domestic partners registered under DC law — a distinction that matters here and does not exist in the same form in either Maryland or Virginia.
This page explains how transactions customarily work in Washington, DC, Maryland and Virginia. It is general information, not legal or tax advice, and it cannot account for the facts of a specific transaction. For advice on your situation, speak with an attorney or tax professional.
Frequently Asked Questions
What is the difference between joint tenancy and tenancy in common?
Joint tenancy with right of survivorship passes a deceased owner's interest automatically to the surviving owners, outside probate. Tenancy in common does not — each share passes through the deceased owner's estate. Joint tenancy also requires equal shares, while tenancy in common allows unequal ones.
Can a married couple hold title as tenants in common?
Yes, and sometimes there are reasons to. But doing so gives up the survivorship and creditor protection that tenancy by the entirety provides in DC, Maryland and Virginia, so it is a choice worth making deliberately with an attorney rather than by default.
Can you change how title is held after closing?
Title can generally be changed by recording a new deed, but doing so can carry tax, lender and creditor consequences that are not obvious. It is a step to take with legal advice rather than as a form-filling exercise.